Licenses sought for unauthorized immigrants

SACRAMENTO  This may be the year California lawmakers permit those here illegally to legally drive — two decades after the privilege was first revoked.

“The timing is right. The discussion of issues facing immigrants is very different from even a year ago and public perception is changing dramatically,” said Assemblyman Luis Alejo, a Watsonville Democrat who is carrying the legislation to allow unauthorized immigrants to obtain driver’s licenses.

But critics of relaxed identification standards are not conceding, maintaining lawbreakers should not be rewarded with a license that provides a gateway to board airplanes, enter federal buildings and open bank accounts.

“It’s essentially a California backdoor amnesty,” said Assemblyman Tim Donnelly, a Twin Peaks Republican and one of the more outspoken lawmakers on immigration. “It will undermine the security of what’s supposed to be a secure document.”

Nevertheless, Alejo is confident that momentum is on his side. Here is why:

• Democrats have supermajorities in both the Senate and Assembly and Gov. Jerry Brown has taken related steps that suggest he would be open to signing a bill into law.

• Some Republicans, smarting from heavy losses at the polls, warn that the party has to tone down its hard-line stand on illegal immigrants or risk becoming an even smaller minority in the state. There is already limited GOP support for the bill.

• Congress is working on a new national immigration policy, including a possible path to citizenship and guest worker program, that could galvanize more support among Republicans in Sacramento for licensing those already here and driving.

• The general public appears to be more accepting and some states, most recently Illinois, have adopted licensing programs.

Current law stipulates that applicants must prove their identity and legal status in California by providing a Social Security number or some form of acceptable legal residency document.

Alejo’s Assembly Bill 60 would allow the Department of Motor Vehicles to issue licenses to those who can provide an Individual Taxpayer Identification Number that can be obtained without proving legal residency. A national identification card or driver’s license from the native country can be used to obtain the tax ID number.

“That creates evidence that they’re paying their taxes and shows that they are working and contributing to the economy,” Alejo said.

An early version of the measure appears to be more lenient by including language that would also require DMV to accept “any document that the department finds clearly establishes the identity of the applicant.”

Apparently recognizing that may be an overreach, Alejo’s office said that the language will likely be struck during the first committee hearing in the coming weeks.

There are an estimated 2.9 million unauthorized immigrants living in California.

A tumultuous past

Two milestones, coincidentally each a decade apart and one 10 years distance from today, have gone against issuing licenses to unauthorized immigrants in California.

It was 20 years ago that the Legislature moved to require proof of legal residency as a condition when applying for a driver’s license, reasoning that the document acted as a gateway for unauthorized immigrants to secure jobs and social services.

And it was 10 years ago that new Gov. Arnold Schwarzenegger fulfilled a recall campaign promise by signing legislation to repeal a pending law that would have granted unauthorized immigrants the ability to apply for a license.

At the time, the Sept. 11 terrorist attacks were still fresh nightmares. Critics of the legislation warned then — as they do today — that loosening identification standards would put national security at risk since licenses are needed for airplane travel and to enter federal buildings.

Then-Gov. Gray Davis had signed the bill, further fueling the recall movement. His support was seen by critics as a cynical bid to attract Latino voters. A referendum to overturn the law had also been launched.

Since then, there have been several measures introduced by former lawmaker Gil Cedillo, D-Los Angeles, to loosen the identity requirement. None went far — until last year.

That’s when President Barack Obama unveiled his deferred action plan that allows certain unauthorized younger immigrants who meet selected criteria to stay in the U.S. for up to two years.

Seizing on the federal directive, Cedillo pushed through legislation that allowed those affected by the president’s order to qualify for licenses. Brown signed the bill without comment last year, leading some to believe he is open to Alejo’s broader measure.

Brown has also signed bills helping immigrants with college costs. In January, he issued a statement saying he supported a pathway to citizenship as part of any new national immigration policy.

“The time to act has come,” Brown said in a call for a broad-based approach.

Divided Republicans

“It’s really a public safety issue,” said Sen. Anthony Cannella, a Republican from the farming community of Ceres. “These folks are here and they’re driving. To me, it’s better for them to be trained. Everyone is then safer on the road, including themselves.”

Cannella said he was drawn to support the bill by the requirement that applicants provide a taxpayer identification number.

“That shows they are paying into the system. They are paying taxes,” he said.

Cannella, like many Republicans and some Democrats, said his preference would be for Congress to forge a bipartisan immigration policy.

“At some point we’ve got to be realistic. The federal government hasn’t helped with this. That leaves it up to the state to put the pieces together,” he said.

Alejo called Cannella’s decision “critical” and he is looking to woo more Republicans.

“We can build a bridge where there was once a wall,” Alejo said.

Doing that, Alejo said, will help convince Brown to sign the bill.

Assemblyman Kathco Achadjian of﻿ San Luis Obispo is one of a handful of other Republicans considering backing the legislation.

“The more we legalize their activities the better citizens they choose to become,” he said, noting that many are forced to drive “out of necessity” to get to work, shop and take their children to school.

Donnelly does not see many GOP lawmakers bolting from the party line.

“We absolutely have to be more responsive to immigrants. We ought to make it easier for those who respect the rule of law,” he said. “But when all you want to do is create a shortcut in line for people who came here illegally … It is creating an incentive to break the law,” he said.

Local Republican Sens. Joel Anderson of La Mesa and Mark Wyland of Solana Beach have both come out against any bill.

Potential political fallout

There could be repercussions for Republicans who side with Alejo from conservative activists, who have had influence in primary elections.

“We would be opposing those representatives. We will make sure everyone is aware of it … We hope they will think twice about it,” said Celeste Greig, president of a grassrooots citizen’s group called the California Republican Assembly.

She said the measure is a reward for those who “blatantly circumvent the law. It’s a privilege, not a right,” Greig said.

Sen. Cannella, a civil engineer, shrugs off those threats, saying he will take that chance.

“This is a situation where I believe it’s the right thing to do and I will deal with the consequences,” he said.

Rob Stutzman, a GOP consultant who worked for Arnold Schwarzenegger when the former governor rejected several bills to change the driver’s license requirements, said there could be a backlash at the polls for those supporting the bill.

“The politics within the party are still tough,” Stutzman said.

Stutzman and others suggested that the test may be whether Republicans are willing to weather that storm if they view the license bill — beyond its policy merits — as a vehicle that could help broaden the party’s base.